ALLEGED BREACH OF AGREEMENT

Dominion, Volume 20, Issue 57, 1 December 1926, Page 14

ALLEGED BREACH OF AGREEMENT

OFFER TO SELL FARM WITHDRAWN. The continuation of an action was begun on Saturday last_. at Bien heim was heard before His Honour Mr. Justice MacGregor in the Supreme Court yesterday. Charles IJyla Geoige Bennett. a sheepfarmer, of Marlborough, proceeded against John Ohnton Malm, Greensill, also a sheepfarmer, of Martborough. The action was a claim lor specific performance of an alleged agreement for sale by defendant of his property at Ohingaroa. Plaintiff was .represented by Mr. H. F. Johnston, ' vlt h him Mr. S. M. Fitzherbert, while Mr. B. Kennedy with him Mr. W T. Churchward, appeared for defendant. The statement of claim set out that by letter dated July 15. 1926. defendant offered to sell his Ohingaroa property at Pelorus Sound, with all live and dead stock, to plaintiff and bis brother. Morpis Bonnett, a motor salesman, of vveilington, for the sum of £lB.OOO. This offer was accepted by the Bennett brothers by telegram and letter. By a telegram dated July 27. it was alleged, defendant declined to complete the sale on tlio ground (inter alia) that one ot the purchasers, Morris Bennett, was under age. The statement of claim further set out that defendant wrongfully neglected and refused to complete the contract of sale, while plaintiff was throughout ready to complete the purchase in accordance with the terms of the offer and ac £ e P\‘ a nee Plaintiff asked that defendant should be ordered to specifically perform the contract, and to pay £lOOO damages for the profits on the property and stock from August 1 down to the date of giving possession of the property. A i alternative claim asked that defendant should be ordered to pay £l5OO damage a for the profits on the property and stock, for the season beginning August 1. and ending on July 31, 1927. ’• Yesterday legal argument lasted most of the day. and in the afternoon the hearing was adjourned, owing to the fact that several necessary witnesses had not arrived from Blenheim. Ihe hearing will be continued this morning.